<div class="chunk-title">Sec. 6-79. - Nonconforming uses; regulations not retroactive.</div>
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               (a)
               
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               <span class="ital">Generally.</span> The regulations prescribed by this article shall not be construed to require the
               removal, lowering, or other change or alteration of any structure or tree not conforming
               to the regulations as of the effective date of the ordinance from which this article
               is derived, or otherwise interfere with the continuance of nonconforming use. Nothing
               contained herein shall require any change in the construction, alteration, or intended
               use of any structure, the construction or alteration of which was begun prior to the
               effective date of the ordinance from which this article is derived, and is diligently
               prosecuted. Except as specifically provided in this section, it is not permissible
               for any person to engage in any activity that causes an increase in the extent of
               nonconformity of a nonconforming situation. The physical alteration of structures
               or the placement of new structures on open land is unlawful if they result in:
               
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               (1)
               
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               An increase in the total amount of space devoted to a nonconforming use; or
               
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               (2)
               
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               Greater nonconformity with respect to the height limitation.
               
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               (b)
               
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               <span class="ital">Nonconforming uses abandoned or destroyed.</span> Whenever the administrator determines that a nonconforming tree or structure has
               been abandoned or more than 80 percent torn down, physically deteriorated, or decayed,
               no permit shall be granted that would allow such structure or tree to exceed the applicable
               height limit or otherwise deviate from this article's regulations.
               
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               (c)
               
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               <span class="ital">Marking and lighting.</span> Notwithstanding subsection (b) of this section, the owner of any existing nonconforming
               structure or tree is hereby required to permit the installation, operation, and maintenance
               thereon of such markers and lights as shall be deemed necessary by the administrator
               to indicate to the operators of aircraft in the vicinity of the airport the presence
               of such airport obstruction. Such markers and lights shall be installed, operated,
               and maintained at the expense of the authority.
               
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               (d)
               
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               <span class="ital">Public safety paramount.</span> Notwithstanding any preceding provision of this article, if by a determination of
               the state division of aviation or the Federal Aviation Administration, the encroachment
               of any structure or tree into regulated airspace is such that providing markers and
               lights is insufficient to protect the life and property of the flying public, the
               authority shall institute steps to have such structures or trees mitigated at the
               expense of the authority. If unsuccessful in obtaining the cooperation of the parties
               involved, the county shall institute the appropriate legal action, as reasonably necessary,
               to ensure the safety of the flying public in airspace regulated by this article.
               
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               (Ord. No. 131, Â§ 1.05, 2-7-2002)
               
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